Min 03/05/2013 21
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
March 5, 2013
Item 1
The City Council of the City of Wichita Falls, Texas met in regular session on the above date in
the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following
members present.
Glenn Barham - Mayor
Michael Smith - Mayor Pro Tern
Dorothy Roberts-Burns - Councilors
Annetta Pope -
Tim Ingle -
Mary Ward -
Brian Hooker - Absent
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Mr. Kevin Tiaden, Pastor, St. Paul Lutheran Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor Barham recognized Lt. Jeromy Lucas, Fire Department, as Employee of the Month for
March 2013. Mayor presented Lt. Lucas with a plaque, a letter of appreciation, restaurant tickets, and a
check.
Item 4
Janice Waldon, 504 Ft. Worth, spoke in favor of chaining dogs in the yards. Asked if there
was an ordinance requiring that dogs be fenced and mentioned loose dogs in her neighborhood.
Her concern is the children and people that will be mauled by loose dogs. If dogs are chained in
the fence they would not get out and be a menace. Health Director Lou Kreidler responded to Mrs.
Waldon's questions.
Item 5
Minutes of the February 19, 2013, Council meeting were approved as distributed.
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Items 6-7e
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ingle that the Consent Agenda be approved.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward
Nays: None
Item 6
RESOLUTION NO. 20-2013
Resolution Awarding Bids For The Purchase Of Eight 3/4-Ton Trucks To Wichita Falls Ford
Lincoln Mercury In The Amount Of$167,885.56
Items 7a-7e
Minutes of the following boards and commissions were received.
(a) Wichita Falls MPO Technical Advisory Committee, October 10, 2012.
(b) Animal Shelter Advisory Committee, November 9, 2012.
(c) MPEC Advisory Board, November 28, 2012.
(d) Wichita Falls Traffic Safety Commission, January 2, 2013
(e) Planning and Zoning Commission, January 9, 2013.
Item 8a
RESOLUTION NO. 21-2013
Resolution Approving Change Order No. 2 To The 2012 Sanitary Sewer Rehabilitation BUIP
Project (CWF12-550-14)
Moved by Councilor Roberts-Burns that Resolution No. 21-2013. be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward
Nays: None
Item 8b
RESOLUTION NO. 22-2013
Resolution Approving Change Order No. 4 For The 2012 Street Rehabilitation Project
(CWF12-100-04)
Moved by Councilor Ingle that Resolution No.22 -2013. be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward
Nays: None
Item 8c
RESOLUTION NO. 23-2013
Resolution Authorizing City Staff To Issue Certifications Of The City's Capacity As A
Recipient Under 49 USC § 5307 And Other Matters Required By Said Section And
Related Laws And Regulations
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Item 8c continued
Moved by Councilor Roberts-Burns that Resolution No. 23-2013 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward
Nays: None
Item 8d
RESOLUTION NO. 24-2013
Resolution Authorizing City Staff To Update Funding Request For A Texas Transportation
Enhancement Program Grant From The Texas Department Of Transportation (TxDOT)
For A Section Of The Circle Trail Project In The Vicinity Of The Wichita Bluff Open Space
Area, In A Requested Amount Of $957,151 From TxDOT, Plus A 20% City Match In An
Amount Not To Exceed $239,288.
Moved by Councilor Roberts-Burns that Resolution No. 24-2013 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward
Nays: None
Item 9a
Assistant City Manager Kevin Hugman reported on the Maplewood Stormwater Retention Pond
Project, the "Texas Parks &Wildlife District Fishing Pond" proposal. Staff had concerns about using this
as a fishing pond because it is for storm water retention. Texas Parks &Wildlife approached the City
again and proposed to use the pond by stocking it with large-mouth bass, which would provide a fishing
sport activity for the public. They have several ideas and volunteers to maintain the area; the City will not
maintain the area or keep water in the pond. Texas Parks &Wildlife will take that on as well as the
vegetation management in the pond but asked that the City help promote the activity and the pond. Staff
does not have any concerns about allowing this. Mr. Hugman asked for Council's input.
Councilor Smith was in favor of this and supports this for the entire citizens' use. Mayor stated
that this is a no cost project except for mowing. Councilor Roberts-Burns felt this was a great opportunity
for the City.
Tom Lang, Texas Parks &Wildlife District Fishery Supervisor, informed that they maintain fishery
ponds and the City would not have to do anything additional aside from what is already being done.
Mr. Hugman informed that the pond is called Maplewood Pond. There is no formal action needed
on behalf of the Council but wanted Council's support.
Council expressed support for this project.
City Council recessed at 9:10 a.m. and reconvened at 9:25 a.m.
City Attorney presented information on a proposed ordinance to limit issuance and length of
grading permits in completed residential subdivisions. Citizens had previously come before the Council
and expressed concern about a dumping issue and other nuisances in the Rivercrest area, and this is
the proposal to address these concerns. City Attorney noted that there are exemptions in the ordinance.
They are not required to obtain a permit until Building Inspection sends them a letter excluding residential
development projects in process.
Mayor suggested that this proposed ordinance be placed on the agenda for Council action; tihis is
a good solution to address the nuisance problem.
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Item 9a continued
Health Director Lou Kreidler gave a presentation on a proposed ordinance prohibiting
unsupervised tethering of dogs. The proposed ordinance provides for two options: 1) Allows
tethering/chaining but only when owner remains within 50 feet of the animal; 2) Completely bans
tethering/chaining. A copy of Mrs. Kreidler's presentation is on file in the Office of the City Clerk.
Councilor Smith stated that he was glad Council has two options; he will be in favor of the `not
tethering option'. This will only work if we get support from the citizens. He encouraged everyone to
financially Support "Fence Fund', which helps citizens build, repair fences for animals, as well as educate
citizens on their animal needs.
Councilor Pope suggested Council look at both sides. Mayor commented that in order to address
certain situations it may be complaint driven.
Erin Hudson, #2 Karen Court, spoke in support of tethering dogs.
Jan Herzog, 3703 Seymour Rd., spoke against chaining dogs; damage is seen on animals that
are chained and it is cruel and inhumane.
Leslie Harrelson 3700 Arena Road, founder of Preventing Euthanasia Through Sterilization
(PETS) spoke against chaining of dogs; it looks bad and gives a bad impression of our City. She is in
charge of the fencing program and has $7000. There are many other ways to deal with this situation;
give our community an opportunity to take care of this without chains.
Alex Barnes, 1106 Corwin, mentioned that his dog is not a `friendly house dog' and needs to be
on a chain because he does get out. His dog is there to protect his property and his family. He
understands no chains for a people friendly dog, but how do you handle this type situation?
Linda Tingle, 1415 N. 51" Street, felt that all dogs can be trained; spoke against chaining dogs.
She uses electric fences to keep dogs from getting out.
Mayor is opposed to a tethering and chaining ordinance because there are so many folks that
would be financially impacted. The option with the organization that is willing to assist citizens in need
providing fences and enclosures make it palatable to me and I will support it. Mayor directed that this be
placed on the March 19 Council agenda.
Item 9b
Council members brought up the following matters:
Councilor Smith:
a) Mentioned a letter to the editor regarding restaurants serving water; restriction is to serve
water only if requested by the customer.
Councilor Ingle:
a) Thanked staff for everything going on behind the scenes on these difficult situations.
Councilor Ward:
a) Thanked staff and council members; great to see how we work together and that makes a
great city
Councilor Roberts-Burns:
a) Thanked Health Director Lou Kreidler and City Attorney for all the work on these ordinances.
Items 10a- 10c
City Council went into Executive Session at 10:36 a.m. in accordance with Texas Government
Code Sections 551.071, 551.087, and 551.072.
City Council reconvened at11:53 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
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Item 11
City Council adjourned at 11:54 a.m.
PASSED AND APPROVED this 191h day of March 2013.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns,At Large
Michael Smith, Mayor Pro Temp
�r Annetta Pope-Dotson, District 2
/ Brian Hooker, District 3
�C i 441 Tim Ingle, District 4
T E X A S Mary Ward, District 5
S/rr�Skies�f�ldenO�yo-rturNtie;. _
Darron Leiker, City Manager
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium,
1300 Seventh Street, Tuesday, March 5, 2013 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor Kevin Tiaden
St. Paul Lutheran Church
(b) Pledge Of Allegiance
3. Presentations
Employee of the Month — Lieutenant Jeromy Lucas, Fire Department
4. Comments From The Public To Members Of The City Council Concerning Items
That Are Not On The City Council Agenda. People Wishing To Address The
Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time
Frame Will Be Adhered To For Those Addressing Their Concerns.
5. Approval Of Minutes Of The February 19, 2013 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Resolutions
Resolution Awarding Bids For The Purchase Of Eight %-Ton #31
Trucks To Wichita Falls Ford Lincoln Mercury In The Amount
Of $167,885.56
7. Receive Minutes
(a) Wichita Falls MPO Technical Advisory Committee, October 10, 2012
(b) Animal Shelter Advisory Committee, November 9, 2012
(c) MPEC Advisory Board, November 28, 2012
(d) Wichita Falls Traffic Safety Commission, January 2, 2013
(e) Planning and Zoning Commission, January 9, 2013
REGULAR AGENDA
8. Resolutions
(a) Resolution Approving Change Order No. 2 For The 2012 #32
Sanitary Sewer Rehabilitation BUIP Project (CWF12-550-
14)
(b) Resolution Approving Change Order No. 4 For The 2012 #33
Street Rehabilitation Project (CWF12-100-04)
(c) Resolution Authorizing City Staff To Issue Certifications #34
Of The City's Capacity As A Recipient Under 49 USC
§5307 And Other Matters Required By Said Section And
Laws And Related Regulations
(d) Resolution Authorizing City Staff To Update Funding #35
Request For A Texas Transportation Enhancement
Program Grant From The Texas Department Of
Transportation For A Section Of The Circle Trail Project
In The Vicinity Of The Wichita Bluff Open Space Area, In
A Requested Amount Of $957,151 From TxDOT, Plus A
20% City Match In An Amount Not To Exceed $239,288
9. Other Council Matters
(a) Staff Council Discussion
• Maplewood Stormwater Retention Pond Project -- TPWD Fishing
Pond proposal
• Proposed Ordinance To Limit Issuance And Length Of Grading
Permits In Completed Residential Subdivisions
• Proposed Ordinance To Prohibit Unsupervised Tethering Of Dogs
(b) Discussion Of Items Of Concern To Members Of The City Council
CITY COUNCIL AGENDA
PAGE 2OF4
10. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or
contemplated litigation or other matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Texas Open Meetings Act (including, but not
limited to, legal issues related to economic development update and
lakes owned by the City)
(b) Executive Session in accordance with Texas Government Code §
551.087, to discuss or deliberate the offer of a financial or other
incentive to a business prospect that the City Council seeks to have,
locate, stay, or expand in or near the territory of the City of Wichita
Falls and with which the City and/or economic development
corporations created by the City are conducting economic
development negotiations (including, but not limited to, economic
development update)
(c) Executive Session in accordance with Texas Government Code §
551.072, to deliberate the purchase, exchange, lease, or value of real
property interests due to the fact that deliberation in an open
meeting would have a detrimental effect on the position of the City in
negotiations with a third party (including, but not limited to, the
purchase and/or value of real property in the Lawrence / Rhea Road
area and lakes owned by the City)
11. Adjourn
Wheelchair or handicapped accessibility to the meeting is possible by using the
handicapped parking spaces and ramp located off the east parking lot on the 6th Street
entrance nearest the Council chambers. There are additional handicapped parking
spaces and ramp on 7tn Street at the main building entrance. Spanish language
interpreters, deaf interpreters, Braille copies or any other special needs will be provided
to any person requesting a special service with at least 24 hours notice. Please call the
City Clerk's Office at 761-7409. Wireless Listening System devices are available at the
City Manager's reception area or you may call 761-7404 for inquiries.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a
subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City
Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions,
ordinances, and other actions concerning any word, phrase, or other subject may be voted upon,
regardless of any language of limitation found in this agenda or any document referring to such action.
Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item
which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation,
CITY COUNCIL AGENDA
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any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest
of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such
without further notice. Any item on this agenda may be discussed in executive session if authorized by
Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless
of any past or current practice of the City Council. Executive sessions described generally hereunder
may include consideration of any item otherwise listed on the agenda plus any subject specified in the
executive session notice. Executive sessions described generally hereunder are closed meetings, may
include consideration of any item otherwise listed on the agenda plus any subject specified in the
executive session notice, and may include items under Texas Government Code Sections 551.071,
551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the day of
2013 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
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